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Empirical Legal Analysis : Assessing the performance of legal institutions
This innovative volume explores empirical legal issues around the world.While legal studies have traditionally been worked on and of letters and with a normative bent, in recent years quantitative methods have gained traction by offering a brand new perspective of understanding law.That is, legal scholars have started to crunch numbers, not letters, to tease out the effects of law on the regulated industries, citizens, or judges in reality.In this edited book, authors from leading institutions in the U.S., Europe, and Asia investigate legal issues in South Africa, Argentina, the U.S., Israel, Taiwan, and other countries.Using original data in a variety of statistical tools (from the most basic chi-square analysis to sophisticated two-stage least square regression models), contributors to this book look into the judicial behaviours in Taiwan and Israel, the determinants of constitutional judicial systems in 100 countries, and the effect of appellate court decisions on media competition.In addition, this book breaks new ground in informing important policy debates.Specifically, how long should we incarcerate criminals?Should the medical malpractice liability system be reformed?Do police reduce crime? Why is South Africa’s democratic transition viable? With solid data as evidence, this volume sheds new light on these issues from a road more and more frequently taken—what is known as "empirical legal studies/analysis." This book should be useful to students, practitioners and professors of law, economics and public policy in many countries who seek to understand their legal system from a different, and arguably more scientific, perspective.
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Waqf Development and Innovation : Socio-Economic and Legal Perspectives
Waqf is one of the most potent socio-economic tools for reducing public sector deficit and breaking the chain of intergenerational poverty.Providing a high-level discussion on waqf development and innovation within the context of modern socio-economic and legal developments, this book examines the importance and potentials of waqf and the issues relating to its legal and regulatory framework. The research delivers future directions for countries that plan to explore this socio-economic institution.Readers and policymakers will be able to replicate successful experiments and learn from some failed initiatives to seek alternative funding platforms to support the fiscal policies of developing countries.The volume discusses the relevance and novel application of waqf in the modern economic system and social development, it reviews applicable laws and regulations pertaining to waqf and trust laws and examines critical, cross-country case studies and experiences. Setting an agenda for further researchers in the field of waqf, this comprehensive high-level analysis, with case studies from leading jurisdictions across the world, is a key resource for researchers, policymakers and institutions interested in charitable endowments, Islamic finance, and social finance.
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AI in Legal Tech : How Generative AI Is Transforming Legal Technology and the Practice of Law
Explore the potential and risks of generative AI in the legal industry In AI in Legal Tech: How Generative AI Is Transforming Legal Technology and the Practice of Law, legal-tech pioneer and eDiscovery guru Catherine Casey—aka, TechnoCat—delivers a startlingly insightful and up-to-date discussion of the risks and opportunities presented by generative AI in the legal sector.The author walks you through generative AI's impact on the practice of law, legal ethics, and legal careers, offering guidance and clarity on a rapidly evolving technology.Balancing engaging narrative with expert analysis, AI in Legal Tech is written specifically for non-technical legal professionals and students doing their best to navigate the intersection of technology and law.You'll find: Explanations of how AI is shaping new legal careers and what you can do to find success in your ownA “Legal Tech Survival Kit,” complete with a comprehensive Legal AI glossary and must-try tools for tech-savvy lawyersInsights from the “front lines” of legal AI and the people designing the technologies shaping tomorrow's legal industry Perfect for practicing lawyers, law students, and law practice managers, AI in Legal Tech will also prove invaluable to legal technologists, paralegals, and anyone else interested in the application of the latest tech to the legal field.
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Supporting Legal Capacity in Socio-Legal Context
This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice.Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities.This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in ‘real life’ contexts.The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right.However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach.Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.
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Promoting Sustainable Innovation and the Circular Economy : Legal and Economic Aspects
The book explores the role of public market actors in sustainable and circular economy innovation and financing. The shift to a circular economy requires active innovation, alongside radical changes in law, finance and policy considerations, since regulation is often tightly connected with the assumption of a linear model of consumption.Finance is crucial in creating sustainable and circular economy markets and innovations: public finance is important from the perspective of seeing the state as an engine for promoting sustainable innovations, but private funds are also required.Legislative initiatives for promoting repairs have been proposed or adopted in the EU, US and in Australia, representing remarkable steps forward but still leaving many obstacles without legislative intervention.This book examines circular economy regulation and policy on a comprehensive, general level, as well as assessing the regulatory possibilities of promoting the right to repair.Promotion of circular economy innovations as well as changing the practices and changing consumer patterns towards a more comprehensive adoption of CE are discussed from perspectives of legal, social and moral norms.The book critically evaluates current legislative reforms and assesses existing barriers to the circular economy and innovation in intellectual property law, consumer law and competition law. Providing an in-depth analysis of this dynamic field, geared towards reconsidering both existing and prospective policies and regulatory regime, the book makes recommendations for solutions to legislative barriers.It is an indispensable resource for both researchers and practitioners working at the intersections of markets, innovations and sustainability.
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Legal Reasoning
The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts.Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules.These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling.The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning.With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.
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Legal Skills
The number one best-selling legal skills guide, covering all the practical and academic skills a student needs throughout their studies.Legal Skills is the essential text for students new to law, helping them make the transition from secondary education and equipping them with the skills they need to succeed from the beginning of their degree, through to final-year exams and dissertations. · Written in an accessible and friendly style, structured in three parts: Sources of Law, Academic Legal Skills, and Practical Legal Skills· Self-test questions and practical activities throughout allow students to take a hands-on approach to learning a wide range of legal skills· Diagrams, screenshots and examples used frequently to illustrate key concepts· New chapter on drafting skills, introducing writing skills necessary in legal practice· New 'skills beyond study' feature which helps students identify the transferability of legal skills· Updated coverage of the impact of Brexit and retained EU law· New section on taking care of yourself during the assessment period and how to find support for mental health and accessibility· Videos on presentation, mooting, and negotiation refreshed Digital formats and resourcesThe ninth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with embedded self-assessment activities, and multi-media content including a series of supportive videos and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The study tools that enhance the e-book are all also available as stand-alone online resources for use alongside the print book.They include answers to the self-test questions and practical exercises from the book, and a glossary of all the keywords and terms used.There is also an extensive range of videos with guidance on topics from what to expect from lectures and tutorials, how to research for essays and structure problem questions, to examples of good and bad practice in mooting and negotiations.
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Legal Ethics
The most student-focused guide to legal ethics, encouraging questioning, reflection and discussion to develop a personal response to ethical issues. Who would or should defend a potential murderer in court?How do professions regulate themselves?Is 'no win-no fee' an ethical system?Where is the line in a 'suitable' client-advocate relationship?Jonathan Herring provides a clear and engaging overview of legal ethics, highlighting that the issues surrounding professional conduct are not always black and white and raising interesting questions about how lawyers act and what their role entails.Key topics, such as confidentiality, negligence, and fees are covered, with references throughout to the professional codes of conduct. Features throughout the textbook to aid student learning include:- Highlighting of key cases, principles, and definitions- Inclusion of a variety of viewpoints through coverage of cases, popular media, and scholarly articles- Use of 'digging deeper' and 'alternative viewpoint' boxes which encourage critical reflection and better understanding of key theories and topics- Extracts from the professional handbooks and codes of conduct are explained in detail in 'Follow the code' boxes New to this edition:- Updated content in light of new editions of professional guidance- New material on use of social media- Examination of developments in professional ethics regarding sexual misconduct- Greater focus and coverage on the importance of diversityDigital formats and resourcesThe 3rd edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
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